Legal Question in Civil Litigation in California

DEBT collection guidlines

My husband bailed me out of jail, with the help of a bailbonding business. He agreed to pay $400.00 a month until the debt is satisfied. We cannot afford the payment amount. When our payment was 1 week late, I received a call from their accounting dept. demanding payment. I advised this person that since being incarcerated I have lost my job. Our income has dropped by over $900. I said we would try to pay $200. At this point the verbal harrassment began. When I would not give her the answer that our payment of $499. would be on her desk today, she said that she was going to call my husband at work. I told her that he wasn't able to receive personal calls, that he could loose his job. She called anyway. Did she break some rule? I really want to sue her. She was so ....


Asked on 11/27/05, 9:24 am

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: DEBT collection guidlines

A bail bonds agent, under these circumstances, would be deemed a creditor and subject to conducting itself in an appropriate and lawful manner just like any creditor. However, certain FDCPA laws do not apply to them directly if they are the primary creditor rather than a third party collections creditor. However, there are certain legal actions you can take to prevent or cease and desist their "harassment". If you would like further assistance, contact us directly.

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Answered on 11/27/05, 3:06 pm


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